DWI Frequently Asked Questions

The prosecution of DWI cases in New Jersey can be based on breath results, blood results, urine results, and results of psycho/physical tests. The state can use any combination of any of these results.

DWI Traffic Offense

DWI is a traffic offense in that State of New Jersey. It is not a criminal offense. Despite the magnitude of penalties you face, it will not result in a criminal conviction for you.

  • Plea bargaining is not allowed in DWI/refusal or CDS related cases.
  • The state of New Jersey must now prove a refusal charge beyond a reasonable doubt standard.
  • The state of New Jersey has reduced the legal limit from 1.0 to .08.
  • Even if your BAC reading is below .08, the state of New Jersey can still try to convict you of DWI.
  • Prior convictions for DWI can and will affect your current DWI charge.
  • There is a zero tolerance for drivers under the age of 21 who are accused of DWI.
  • If your privileges to drive in New Jersey are suspended for a DWI conviction, it will be reported to whatever state you are licensed in.
  • New Jersey does not provide hardship or work licenses for anyone convicted of a DWI offense. You must defend and fight your case to the fullest.
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